Lithuania's Supreme Administrative Court (LVAT) has turned to the European Court of Justice (CJEU) for a preliminary ruling in a case concerning the status of an asylum seeker detained after crossing the border.
The Lithuanian court said in a press release on Monday that it is referring the case to the CJEU because it has doubts whether national legislation is compatible with EU directives.
The LVAT is hearing an appeal against a district court's ruling that allowed the State Border Guard Service (VSAT) to detain the migrant for three months. It has said it was suspending the administrative proceedings on the asylum application until the Strasbourg court hands down its decision.
The court says it needs to establish the person's legal status – as an asylum seeker or otherwise – before it can examine the lawfulness of their detention.
The migrant was detained by Polish officers after leaving Lithuania and was handed over to Lithuanian border guards, according to the court.
Although the migrant presented their passport, Lithuania's border guards decided that they entered the country illegally at a time when the country was under a state-level extreme situation regime.
The person filed a written asylum application with the authorities and also requested it orally during the hearings at first instance and appeal courts.
The Migration Department returned the asylum request, saying the application was submitted incorrectly.
The VSAT's representative and the appellant's lawyer asked the Supreme Administrative Court to order the Migration Department to examine the asylum application.
The Court has noted that the regulation in force during emergency situations does not provide for accepting asylum requests. It also considers even asylum seekers as having entered the country illegally.
The court's extended panel of judges has doubts whether such regulation is in line with the International Protection Procedures Directive, as well as the Qualification and Reception Conditions Directives.
Over 4,200 irregular migrants have crossed into Lithuania from Belarus last year.
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